MIGRATION - application for extension of time for judicial review
Quick Take
1A finding of strong substantive merit in the underlying judicial review application does not mandate the grant of an extension of time under s 477(2) of the Migration Act 1958 (Cth); the court must be satisfied the extension is necessary — not merely desirable — in the interests of the administration of justice, weighing all relevant factors including delay, explanation for delay, and the public interest in finality.
2Where an applicant's own failure to maintain contact with the Department or their migration agent caused their ignorance of a beneficial visa grant and consequent delay in seeking review, that conduct weighs heavily against the grant of an extension, as the injustice flows from the applicant's actions rather than the impugned decision.
3On judicial review of a discretionary refusal to extend time, the reviewing court's task is to identify jurisdictional error, not to re-weigh the merits; factual findings within jurisdiction, even if arguably incomplete, do not constitute jurisdictional error.
